Brian Chido Manganye
On December 3, 2021, the Zimbabwe government gazetted the Data Protection Act. The law was originally referred to as the Cyber Security and Data Protection Bill. The Zimbabwe government says the law will safeguard users in cyberspace and that it is in line with similar laws in other countries.
The rationale behind the law to be enacted, according to its memorandum, the law is meant to consolidate cyber-related offences and provide for data protection with due regard to the Declaration of Rights under the Constitution and the public and national interest, create a technology-driven business environment and encourage technological development and the lawful use of technology.
The Data Protection Act consolidates several pieces of legislation that govern cyber security and data protection. These include the Postal and Telecommunications Act, Official Secrecy Act, Criminal law (Codification and Reform) Act and the Interceptions of Communications Act.
This evolution of technology gives rise to cyber security concerns as criminal risk becomes a reality with hackers, con-artists and fraudsters attack other ICT users. World-wide, the ever-increasing surge in technology has brought with it a myriad of legal problems. Zimbabwe has seen an upsurge in cybercrime and computer-related crime, particularly mobile money-related fraud, card cloning and identity fraud. The government of Zimbabwe has been aware of the risk associated with the technological advancements in the use of ICTs and has been making an effort to establish the parameters upon which these ICTs are to be exploited. The enactment of the Cyber Security and Data Protection Act seeks to address the risk of cyber crime in an evolving ICT world. Cybercrime is an unavoidable risk as more people exploit e-commerce. Thus taking legislative measures wherein the law is reviewed, and the legislature enacts laws in order to address cyber security issues is welcome.
World-wide, the ever-increasing surge in technology has brought with it a myriad of legal problems. The statistics that the Ministry of Information Communication Technology, Postal and Couriers gathered when they drafted the Zimbabwe National Policy on Information and Communication Technology shows that the number of ICT users is escalating as technology continues to evolve. According to the Ministry, as at 31 December 2015, mobile users had risen to 95.4% and internet use had risen to 45%. Needless to say by now the usage of the internet has doubled as more transactions are being done electronically, from mobile money transfers to online banking platforms adopted by every bank in the country.
This evolution of technology gives rise to cyber security concerns as criminal risk becomes a reality with hackers, con-artists and fraudsters attack other ICT users. Consequentially, this compels development of progressive cyber security upgrade in order to enhance perpetual protection and maintenance of data security and information security. The implementation of a progressive upgrade of cyber security law reform in order to reinforce the protection of consumer rights is commendable as evidenced by the gazetting of the Cyber security and Data Protection Act
cyber security has become increasingly important because of the especially innate characteristics of cybercrime and/or computer-related crimes.In Zimbabwe the increase in the use of ICTs, mobile money, online banking and online shopping, more particularly during the lockdown as a result of the effects of COVID19, comes with a greater need for cyber security. Zimbabwe has seen an upsurge in cybercrime and computer-related crime, particularly mobile money-related fraud, card cloning and identity fraud. cyber security must be viewed ultimately as a careful evaluation of the cyber security risks that an ICT user’s assets, resources and activities are exposed to and includes the formulation, quantification of countermeasures and the prediction of the effectiveness of such countermeasures. These countermeasures include, but are not limited to law reform and legislative redress. Hence according to this writer, taking legislative measures wherein the law is reviewed, and the legislature drafts and enacts Bills in order to promulgate regulations and laws that address cyber security issues is imperative.
This evolution of technology gives rise to cyber security concerns as criminal risk becomes a reality with hackers, con-artists and fraudsters attack other ICT users. World-wide, the ever-increasing surge in technology has brought with it a myriad of legal problems. Zimbabwe has seen an upsurge in cybercrime and computer-related crime, particularly mobile money-related fraud, card cloning and identity fraud. The government of Zimbabwe has been aware of the risk associated with the technological advancements in the use of ICTs and has been making an effort to establish the parameters upon which these ICTs are to be exploited. The enactment of the Cyber Security and Data Protection Bill seeks to address the risk of cybercrime in an evolving ICT world. Cybercrime is an unavoidable risk as more people exploit e-commerce. Thus taking legislative measures wherein the law is reviewed, and the legislature enacts laws in order to address cyber security issues is welcome.
World-wide, the ever-increasing surge in technology has brought with it a myriad of legal problems. The statistics that the Ministry of Information Communication Technology, Postal and Couriers gathered when they drafted the Zimbabwe National Policy on Information and Communication Technology shows that the number of ICT users is escalating as technology continues to evolve. According to the Ministry, as at 31 December 2015, mobile users had risen to 95.4% and internet use had risen to 45%.Needless to say by now the usage of the internet has doubled as more transactions are being done electronically, from mobile money transfers to online banking platforms adopted by every bank in the country.
This evolution of technology gives rise to cyber security concerns as criminal risk becomes a reality with hackers, con-artists and fraudsters attack other ICT users. Consequentially, this compels development of progressive cyber security upgrade in order to enhance perpetual protection and maintenance of data security and information security. The implementation of a progressive upgrade of cyber security law reform in order to reinforce the protection of consumer rights is commendable. I aptly acknowledge that cybersecurity has become increasingly important because of the especially innate characteristics of cybercrime and/or computer-related crimes. In Zimbabwe the increase in the use of ICTs, mobile money, online banking and online shopping, more particularly during the lockdown as a result of the effects of COVID19, comes with a greater need for cyber security. Zimbabwe has seen an upsurge in cybercrime and computer-related crime, particularly mobile money-related fraud, card cloning and identity fraud.
The discussion above regarding the current legal position shows that the laws in Zimbabwe have been progressive in order to address cyber security issues to the extent of the cybercrime risk. Chapter VIII of the Codification covers the “traditionally” typical computer-related crimes such as hacking and unauthorised manipulation of a computer system because at the time of the enactment of the Codification, offences such as cyber bullying were almost unheard of.During the early 2000s whenever one would mention cybercrime, it was confined to crimes against the computer system or computer network with deliberate introduction of computer viruses into the computer or computer network being the most rampant cybercrime.
Hence one would not have expected the legislature to contemplate the need to expressly provide for the criminalization of an offence such as card cloning or mobile money transaction-related fraud. The first Bill aimed at the protection of consumers in the on-line environment was drafted in the year 2013 and marked as the first draft of the Electronic Transactions and Electronic Commerce Bill of 2013 on the 11th of June 2013. This Bill was intended to govern e-commerce in Zimbabwe. The E-Transactions and E-Commerce Bill, 2013 only provided for the enforceability and legal certainty of electronic transactions and e-commerce, whilst a separate Bill addressing cyber security and cybercrime was drafted in the year 2017. The progression of the laws reflects on the evolution of technology in Zimbabwe.
any victim of cybercrime has a legal remedy at law. The question of jurisdiction, admissibility of evidence and identity of a perpetrator becomes a discussion for another day. These challenges require adequate address in a separate paper. In the meantime it is imperative to highlight to the reader that whether one finds their card cloned, pin-number manipulated or receives a fake notification from a buyer with the intention to defraud them, they can make a police report and the perpetrators will be charged in terms of relevant sections of the Codification articulated above.
Here are some of the offences contained in the consolidated law:
Transmission of data message inciting violence or damage to property is forbidden. It is illegal to send messages with the intent to incite people to commit acts of violence against any person or persons or to cause damage to any property. Sending messages to another person threatening to harm them, or to harm their family and friends, or threatening to damage their property. Cyber-bullying and harassment. Transmission of false information that is meant to cause harm. Transmission of intimate images without consent. For example, you cannot send someone’s nude pictures without that person’s consent. It is also not allowed to take someone’s intimate pictures without them agreeing to it.
Production and dissemination of racist and xenophobic material. Child pornography and exposing children to pornography. Sending spam messages is banned; it is illegal for a person to send unsolicited messages to many people under false pretences.
Brian Chido Manganye is a young lawyer who specialise in Cyber security law,Telecommunications law and corporate law.
